pension scheme was set up, providing reduced benefits in the first two stages: one third of the pension as of 1 March 1985, two thirds as of 1 January 1989, the full pension as of 1 January 1995, 2.3 On 13 May 1985 the author again applied for a widower's pension, which was granted at the reduced (one-third) level provided for in the eighth amendment. However, according to a particular provision of this amendment, applicable only to civil servants, the pension initially was not paid to the author but placed "in trust". 2.4 The author subsequently appealed to the Constitutional Court, requesting (a) payment of the full pension; and (b) the annulment of the provision stipulating that pensions of civil servants are "kept in trust" (Ruhensbestimmuna). By decision of 16 March 1988, the Constitutional Court held the Ruhensbestimmung to be unconstitutional, but did not settle the question of the constitutionality of the three phases of pension benefits for widowers. After yet another appeal, the Constitutional Court dismissed, on 3 October 1989, the author's request for a full pension and the annulment of the three phases of implementation. Complaint 3. The author claims to be a victim of a violation of article 26 of the Covenant/ because, whereas a widow would have received a full pension under similar circumstances, he, as a widower, received no pension at all from 24 June 1984 to 28 February 1985, and has received only a partial pension since then. In particular, he contends that the inequality in pension benefits resulting from the three phases of implementation of the eighth amendment to the Pension Act constitutes discrimination, since the differentiation between widows and widowers is arbitrary and cannot be said to be based on reasonable and objective criteria. Committee's admissibility decision 4. At its forty-first session, the Committee considered the admissibility of the communication, noting that the State party had not raised any objections to admissibility. On 22 March 1991, the Committee declared the communication admissible in respect of article 26 of the Covenant. State party's explanations and author's comments thereon 5.1 In its submission, dated 8 October 1991, the State party argues that the former Austrian pension legislation was based on the fact that in the overwhelming majority of cases only the husband was gainfully employed, and therefore only he was able to acquire an entitlement to a pension from which his wife might benefit. It submits that, in response to changed social conditions, it amended both family legislation and the Pension Act; equality of the husband's position under pension law is to be accomplished in a number of successive stages, the last of which will be completed on 1 January 1995. 5.2 The State party further submits that new legislation, designed to change old social traditions, cannot be translated into reality from one day to the other. It states that the gradual change in the legal position of men with regard to their pension benefits was necessary in the light of the actual -326-